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Patna High Court

Jaylal RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail is appropriate as the alleged injuries are not grievous, the petitioner has no criminal antecedent, and there is no substantial risk of tampering or flight.

Summary

Jaylal Ram was arrested in connection with a violent incident arising from a land dispute, where he and others allegedly assaulted an informant and his family while attempting to cremate a dead body. The petitioner claimed innocence, arguing that the injuries were not grievous and that co‑accused had already been granted anticipatory bail in similar cases. The State opposed the bail, citing multiple serious charges under the Bharatiya Nyaya Sanhita. The Court examined the nature of the alleged injuries, the petitioner’s clean record, and the risk of flight or tampering. Considering these factors, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
  • Whether the injuries caused to the victims constitute grievous hurt warranting denial of bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 482
  • assault
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79353 of 2025
                     Arising Out of PS. Case No.-198 Year-2024 Thana- PIPRA District- East Champaran
                 ======================================================
                 Jaylal Ram Son of Raghuvir Ram RO Village- Chakbara PS- Pipra District-
                 East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Kumar, Advocate
                                          :        Ms. Shambhavi Priya, Advocate
                 For the Opposite Party/s :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Pipra P.S. Case No.198 of 2024 instituted under sections

                   115(2), 117(2), 118(1), 126(2), 109, 303(2), 351(2)(3), 329(4)

                   and 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. As per the prosecution case, on the date of

                   occurrence, the construction work was going on on a piece of

                   land, which was settled in favour of the informant’s son. The

                   petitioner, along with other accused persons, arrived there and

                   started cremating the dead body. When the informant protested,

                   the petitioner and other accused persons, total 23 FIR named

                   accused persons and 20-25 unknown accused persons, assaulted
Patna High Court CR. MISC. No.79353 of 2025(2) dt.05-01-2026
                                            2/3




          him and when his family members arrived in order to save the

          informant, they were also assaulted by lathi, farsa, bamboo, etc.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He submits that due to ongoing gair mazarua land dispute,

          the present occurrence took place where the scuffle took place

          between the villagers and the side of informant due to the

          subject land. Referring to the impugned order, learned counsel

          submits that though the learned Sessions Judge, East

          Champaran, Motihari has recorded that multiple injuries have

          been caused to four persons, but the nature of injury has not

          been recorded, which is not grievous / serious in nature. He

          submits that similarly situated other co-accused persons have

          already been granted the privilege of anticipatory bail by a

          different co-ordinate Bench of this Court vide order 20.11.2024

          passed in Cr. Misc. No. 77032 of 2024, vide order dated

          21.01.2025 passed in Cr. Misc. No. 87824 of 2024, vide order

          dated 25.02.2025 passed in Cr. Misc. No. 13869 of 2025. He

          further submits that petitioner has no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.
           Patna High Court CR. MISC. No.79353 of 2025(2) dt.05-01-2026
                                                       3/3




                                  6. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount to each to the satisfaction of the

                     learned S.D.J.M., East Champaran, Motihari in connection with

                     Pipra P.S. Case No.198 of 2024, subject to the conditions laid

                     down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T


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